Texas Senate Passes Bill to Allow Local, State Police to Arrest Illegal Immigrants

Migrants are grouped together while waiting to be processed on the Ciudad Juarez side of the border, in El Paso, Texas, on Sept. 21, 2023. (Brandon Bell/Getty Images)

The Texas Senate approved a bill that would give local and state police the authority to arrest immigrants who are in the country illegally.

Senate Bill 11, authored by Republican state Sen. Brian Birdwell, would make it a state crime to illegally cross the Texas border into the United States, and it would allow law enforcement to arrest those who violate the law. (pdf) Under current Texas law, state and local authorities are required to seek federal permission before arresting illegal immigrants.

“Texas reached a record number of illegal immigrant apprehension in fiscal year 2023, with over 1.84 million apprehensions in Texas Sectors,” Mr. Birdwell said in a statement. “As a result of the federal government’s unwillingness to enforce federal immigration laws and secure our southern border, Texas has stepped up and devoted time and resources to combat the unprecedented border crisis that the state is facing. SB 11 will give out troopers more authority to control the border and keep Texans safe.”

The penalty for first-time offenders would be up to one year in jail. Convicted felons with multiple illegal entries could be sentenced to life in prison.

The measure passed late Thursday along party lines in a vote of 19-12.

Mr. Birdwell’s bill has been introduced in the chamber six times and cleared the Senate three times this year.

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“This is the third time the Texas Senate has passed this critical legislation. The Senate is committed to securing the southern border and will pass this bill over and over again until it passes the Texas House, where it has died previously,” Lt. Gov. Dan Patrick said in a statement.

Gov. Greg Abbott called Texas lawmakers back for a third special session, with border security being among his list of top priorities, including school choice, public safety, and prohibiting employers from mandating COVID-19 vaccines.

The measure is expected to advance following Gov. Greg Abbott’s show of support earlier this week.

“State [and] local police would have unprecedented power to arrest illegal immigrants under a bill that took a critical step forward Tuesday,” Mr. Abbott wrote on X, formerly known as Twitter. “The bill would make entering the United States illegally a criminal offense of up to 180 days in jail.”

Mr. Birdwell said the bill aims to deter illegal crossing while encouraging immigrants to enter legally through one of the state’s 29 ports of entry, where they can be processed by U.S. Customs and Border Protection authorities.

During Tuesday’s Border Security committee hearing on the bill, Texas Department of Public Safety Director Steve McCraw said an estimated 1.5 million immigrants cross illegally into Texas each year.

Mr. McCraw said DPS troopers could arrest about 72,000 to 75,000 illegal immigrants if the law is passed. He said DPS made 35,000 criminal arrests last year.

“That’s what it would look like right now, but that number could always go up based on the pushing and pulling of the numbers,” he told the committee.

State Sen. Juan “Chuy” Hinojosa said he does not know what the solution is, but he doesn’t believe making more arrests and jailing illegal immigrants is a “practical approach” to the problem.

“Where do we put all the people?” the Democrat asked.

Sen. Sarah Eckhardt, also a Democrat, said the new criminal offense would obligate local authorities to enforce an “unfunded mandate.”

State Sen. César Blanco (D) said he voted “no” on SB 11 because there is already a federal law against “unlawful entry” into the country.

“The federal government already has an offense for unlawful entry into the US, but that has not turned away desperate migrants looking for a better life,” the Democrat wrote on X Thursday evening. “I voted against SB 11 because this bill will only overwhelm local prisons and court systems with non-violent offenders and raise taxes on border communities while doing nothing to mitigate the humanitarian crisis on the border.”

Mr. Birdwell said he was aware of the concerns over funding and the increased caseload, but it would not be on the state to cover the expense if immigrants entered legally through the ports.

“We are trying to provide a deterrent to those that would try to cross across the river and make them pay a price in time and convenience for the cartels plying their wares into the state of Texas,” he said. “Because if we succeeded and no one ever crossed the river, and they all go to the ports of entry, we would be overwhelming ICE and Border Patrol at the ports of entry, but that becomes their problem because it’s a federal function.

Mr. Birdwell also reminded the committee that earlier this year, Mr. Abbott signed a package of border security bills allocating $5.1 billion toward the ongoing crisis.

“If the four of you burn up that $5.1 billion in a year and a half, Gov. Abbott’s got a decision to bring us in to allocate more resources to you,” Mr. Birdwell told Mr. McCraw and others who testified at the committee hearing.

If the bill is signed into law, it will take effect on Dec. 1.